Revolutionary War Pension and Bounty Land Warrant Application File R. 3911, Benjamin Gardner, New York

SERVICE
NUMBER
New York
Gardner, Benjamin Lucy
R 3911
CONTENTS

Ohio 19.773
Benjamin Gardner
Brown Co. in the State of Ohio who was a Private in the Comp. commanded by Captain Turner of the Regt. commanded by Col. Van Alstine in the N. York line for 19 Months
Inscribed on the Roll of Ohio the rate of 63 Dollars 33 Cents per annum commence on the 14th day of March, 1831.
Certificate of Pension issued the 16 day of Sep. 1833 and unto Wm Shepard Geo. Brown
Arrears to the 14th of Sep. 33 $ 158.32 Pension allowance ending 4 mo. 54 31.66 $ 189.99
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. C. Miller Clerk book E. Vol. 8. Page 4.

Declaration in order to obtain the benefit of the act of Congress passed June 7- 1832
State of Ohio } Brown county }
On this 29th day of April 1833 personally appeared in open court before the court of Common pleas of Brown county Ohio now sitting Benjamin Gardner a resident of Byrd township in said county of Brown aged seventy two years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 that he entered the service of the United States under the following named Officers and served as herein stated - That on the first day of March 1776 he enlisted as a private soldier for ten months in Albany county New York with Capt Cornelius Van Rensselaer of said county, and served in the New York State line in the Regiment commanded by Col. - William - Lieut Col. P. Van Courtlandt (who has since served as Lieutenant Governor of the state as he has been informed) the Maj. and other officers not recalled - Capt. Van Rensselaer's company officers were 2nd Lieut Obediah Vaughan first Sergeant James Jones 2nd Cornelius Cummings - said company having never all been collected together he understood that about one half of said company with the first Lieut and Ensign were stationed at Fort Miller on the North river - The other half of said company with the captain with whom he remained after meeting at Albany were marched to Half Moon point - then to Saratoga - then up North river on the west side until we arrived some short distance below Fort Edward when we crossed the river and marched up to said fort - from thence to Fort George at the South end of Lake George - we then embarked in Batteaus and then went to the North end of Lake George and

remained there about one week in taking boats out of the outlet of Lake George and putting them into the river below the falls in order to take them to fort Ticonderoga which being done this applicant with a part of the company went with boats to the head of Lake George Champlain at Skene'sborough where we received a small quantity of provisions and returned back to Ticonderoga - after remaining there about two weeks we were sent back to the North end of Lake George and there stationed at a Block house and remained there until the last of September when we were removed to Skene'sborough I was taken sick and received a regular discharge from the Surgeon two weeks before my time expired - having served nine months and a half - my discharge has been lost or mislaid.
On about the first of May 1777 he volunteered in Albany county New York (his place of residence) as a private in a drafted company commanded by Captain James Denniston 2nd Lieut John Moon and Sargeants James Jones and John Dye other officers remained at home - said company was placed under the command of Col John Bequerman - Maj Danbury in Genl Abraham Timbake's Brigade - said company marched from Stephen township Albany county New York to Cambridge on the East side of North river - then to fort Edward from thence a part of our company with this applicant were sent out on a skirmish at fort Ann after which we returned to fort Edward where we remained some time in moving Continental stores until fort George was evacuated sometime in July - we then retreated to Saratoga where we remained two weeks and then marched to Still water and there made a stand - we then fell back to Bemus' height and built breast works and there remained until after the last Battle with Genl Burgoyne who surrendered at Saratoga on the 17th day of October 1777 after which the Brigade

under Genl. Furnbroke were discharged after I had served five months and a half — On about the 10 th day of May 1778 he again volunteered as a private in Albany county New York and served under Capt. Ichabod Turner Lieut. Col. Lewis, other Officers not remembered in a scouting expe- dition under Col. Abraham Vanalstine in the neighbour- hood of Johnstown New York and after having served two months he was again discharged and we were not attached to general division of the army. On About the 15 th day of May September 1779 he again volun- teered and entered the service as first Sergeant in Albany county New York under Captain John Schoenly Lieut. Potter on another scouting expedition in the Regiment commanded by Col. Broman of Schoharie when he served two months and some few days over the number not recollected but he knows well that he served at least two months and was again discharged. — Making nineteen months services in the whole under the differ- ent engagements — He states further that he received no written discharge for the three last times he served he has no documentary evidence of his service and that he knows of no person whose testimony he can procure who can testify to his service.
Answers to interrogatories
To the 1 st I was born in Exeter Township — county in Rhode Island in Sept 1760.
To the 2 nd I have no record of my age — my had when father had a record of my age many years ago. — I do not know when it is now
To the 3 rd I lived in Albany county when called into the service and still continued to live there and Renssely county until Sept Nov 1799. when I moved to what is now called Brown county Ohio
To the 4 th Answered in detail.
To the 5 th  Served Genl. Philip J. Schuyler — Col. afterwards Genl. Wayne Genl. Warner Genl. Gates. Col. Morgan afterwards a General. — Genl. B. Arnold — Genl. Glover are officers of the Continental line with whom he served

To the 6th I received a discharge for my first term of nine months and a half which is lost. Given by me a Surgeon of the Hospital at Fort Leaveng which has been lost. I received no discharge for my other services.
To the 7th Judge James Moore John Shreve Abraham Shepherd John Dye Col Saml Glaze Samuel Cooper Esq. are persons to whom Sam Ransom in my neighbourhood and who can testify to as to my character for veracity and their belief of my services as a soldier of the Revolution.
He hereby relinquishes every claim whatever to a Pension or annuity except the present and declares that his name is not on the Pension Roll of the agency of any state. Sworn to and subscribed He states that he cannot at the present term procure the certificate of a clergyman as to the belief of his service.
Sworn to and subscribed the day & year aforesaid in open Court Benj X Gardner  his mark G. W. King Clerk
We John Shreve and John Dye citizens hereby certify that we are well acquainted with Benjamin Gardner who has subscribed and sworn to the above declaration that we believe him to be seventy two years old; that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn & subscribed the day & year aforesaid his in open Court John Dye  his mark G. W. King Clerk  John Shreve  his mark
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary soldier and served as he states. And the court further certify John Shreve and John Dye who have signed the preceding certificate are residents in the county of Brown Ohio and are credible persons and that their statement is entitled to credit.

Declaration of Lucy Gardner in order to obtain the benefit of the act of Congress of the 7 th of July 1838. Entitled "an act granting half pay and pensions to certain widows
State of Ohio Bracken County ss
On this the second day of April in the year of our Lord one thousand eight hundred and forty personally appeared in Open Court now in session in and for said county Lucy Gardner a Resident of Bracken County State of Ohio aged Seventy Seven years past, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7 th 1838. entitled "an act granting half pay and pensions to certain widows" That she is the widow of Benjamin Gardner Deceased who was a private in the Revolutionary army and received a pension Certificate from the war office of the United States (under the act of 7 th of June 1832) dated the 16 th of September one thousand eight hundred and thirty three, and also drew her pay on pension said Certificate from the agent of the United States for paying pensions in Cincinnati State of Ohio up to the 4 th of September 1839.
She further declares that she was married to the said Benjamin Gardner in the Month of October one thousand seven hundred and eighty four and that her husband the aforesaid Benjamin Gardner died in the above county the first day of March eighteen hundred and forty, That she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January nineteen hundred and sixty four viz at the time above stated.

She further declares that she still remains the widow of aforesaid Benjamin Gardner and She further declares that she has no recorded proof of her marriage to her husband the aforesaid Benjamin Gardner. And that she was married to him in Albany County (now Rensselaer County) State of New York, and for that she originally had a family record of the births of her children fourteen in number and that family booklessness it has been entirely destroyed and further that she knows of no living witness by whom she can positively prove her marriage to the aforesaid Benjamin Gardner.
Sworn to and subscribed on the day and year first above written in presence of the Judge of the Court of Common Pleas.
J. H. King Clerk
Lucy H Gardner
The State of Ohio } S.S. Portage County }
Personally appeared in Open Court Peter Shaw who being duly sworn according to law deposes & says, that I was not present at the marriage of Lucy Gardner, but saw her & her husband Benjamin Gardner returning from the place where they were married on the following day. She was married at her brother Benjamin Washburn's in the County of Albany (now Rensselaer) and State of N. York: that she was married in the fall of the year seventeen hundred & eighty four: that defendant has known the applicant since their time to the present time: that applicant & her husband have lived together during the whole time as husband & wife & this defendant verily believes that applicant was married on the day before this defendant saw her returning from the place of marriage, as above stated.
J. H. King Clerk.
Peter Shaw

State of Ohio Brown County ss
personally appeared in Open Court Russell Shaw who being first duly sworn according to law deposes and saith that he has been personally acquainted with the above deponent Lucy Gardner and her husband the deceased Benjamin Gardner since for the space of fifty five years past and that they have lived together and that he verily believes they were married agreeably to the statements set forth in her declaration.
Sworn to and subscribed in open court this 2 nd day of April 1840.
Russell Shaw
W. King Clerk
Personally appeared in open court before the Court of Common Pleas of Brown County in the State of Ohio now in session Lucy Gardner a resident of said County of Brown and who is an applicant for a Pension under the Act of Congress passed July 7 th 1835 and the said Court having examined the matter do hereby declare their opinion that said Lucy Gardner was married to Benjamin Gardner in the month of October in the year 1784, that said Benjamin Gardner served as a private in the Revolutionary War and received a Pension during his life from the 16 th of September 1833 up to the 4 th of September 1839 that he departed this life in Brown County Ohio on the first day of March 1840 and that the said Lucy Gardner has not intermarried since his death but remains his widow and that she is a credible person. And the Court further certify that Peter Shaw and Russell Shaw who have sworn to and subscribed Affidavits in support of the claim of the said Lucy Gardner for a pension are credible persons and that the statements made by them respectively in said Affidavits are entitled

to full faith and credit.
The State of Ohio } Brown County } ss.
I G. H. King Clerk of the Court of Common
Pleas of Brown County in the State of Ohio do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Lucy Gardner for a Pension
In testimony whereof I have hereunto subscribed my name and affixed the seal of said Court this second day of April 1840.
G. H. King Clerk
Original of Record of Pension Lucy Gardner

Lucy Gardner Lucy Gardner of 3911

The deposition of Abigail Rose taken in Stephen Town on the 11 th day of Sept 1844
Deponent being now in the 88 th year of her age and allways having lived in said Town, State, on oath, that between the close of the Revolution- ary war, and the year 1788 (the precise time not recollected) Benjamin Gardiner was married to Lucy Hanks in Stephen Town, that said Benj and Lucy Gardiner lived together as man & wife from their marriage until the year 1810 when the said Benjamin Gardiner & Lucy his wife moved to the State of Ohio & as deponent allways understood Settle near Ripley, This deponent states that she was not at the Wedding, but understood that the marriage took place & she knows that they lived together as man & wife from 1788 or thereabouts until they moved to Ohio, that they lived on the adjoining plantation to this deponent from the time of marriage to the time they moved off, that deponent's husband bought the plantation of said Gardiner shortly before he moved West, Deponent states that Elder Barns a Baptist minister of the Gospel lived in the neighborhood & in Stephen Town at and about the time of Benjamin Gardiner's marriage with Lucy Hanks, that he was the minister of a Log Church in said Town, that has long since gone to decay & new ones built up at different places that said Elder Barns and all his family have long since left the neighborhood & to what parts they went deponent does not know, nor has she ever heard, that this deponent was first the wife of Nathan Howard, when he died she intermarried with Nathaniel Rose and he has been dead for some 21 years & deponent is now a widow further South not.
Abigail X Rose Mark

State of New York § Rensselaer County §
I John S Sheldon a Justice of the peace in for said County duly commissioned & qualified to act as such hereby certify that Abigail Rose came before me & made solemn affirmation to the truth of the foregoing deposition.
I further certify that I have been acquainted with said Mrs A Rose for upwards of thirty years & I know her to be a woman of fair character & of memory equal to almost any one I ever knew. Given under my hand this 11 th Sept 1844
John S. Sheldon (S P Rlee) e e e e e
Also came before me at the same time & place W m H Ladd, who on oath states that he this day called on Elder Jones & Sweet each of whom officially as ministers in Stephen Town Baptist Church, and they each said they had no records or minutes of said Church as made and handed down from Elder Barns said once to have been the pastor of said Church, which was then situated north of the present Church location, now had they any records or minutes of the marriages of any person or persons as solemnized by said Elder Barns, at any time while acting as the minister of said Church, that said Barns is said to have been some time from the neighborhood where I deponent could not learn altho he diligently inquired as to the whereabouts of him or his family Sworn to & Subscribed the day & year aforesaid
W m H Ladd
I John S Sheldon a Justice as aforesaid certify that W m H Ladd came before me & made oath to the foregoing deposition I never saw Mrs Ladd

until today I know nothing of him further than as he states given under my hand this 11 th day of Sept 1844 John L. Sheldon J.P.R.C.D
State of New York Rensselaer County ss. Charles Hooper Clerk Clerk's Office of the County of Rensselaer do hereby certify John L. Sheldon Esq whose name is subscribed to the foregoing certificates of oath of the foregoing depositions of John L. Sheldon Abigail Rose & William H. Todd was at the time of taking said depositions a Justice of the peace in & for the County of Rensselaer residing in said County duly Commissioned & Sworn & authorized to take the same.
That I am well acquainted with the handwriting of the said Justice & truly believe his signature subscribed to each of said certificates is the proper handwriting of the said Justice
In testimony whereof I have hereunto set my hand & affixed my official Seal this 12 th day of September 1844 Charles Hooper Clerk

• No 25529
Benjamin Gardner Brown County Ohio
• From 19. Months. _____
126 66 31.66 158.33
Wm Shepherd Geo Town Brown County Ohio

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Benjamin Gardner Knowlton Ohio
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enlisted Mar. 1776 - 9 15 private Capt Van Sanford, Col Wincorp 72 years Albany Traditionary evidence, papers properly Attached.   Vol. May 1777 - 5 15 " Capt Denniston, Colonel Negusman, Major Vanburg County New York.   Vol. May 1778 - 2 - " Capt Turner, Colonel Van Alstine   Vol. Sep. 1779 - 2 - 1. Serg t Capt Sherman Col Croman,  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same), who has hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

May 11, 1936
XXXXXXXXXXXXX
BA-J/EEL am
Benjamin Gardner-R.3911
Mr. D. Ray Campbell, Sr. P.O.Box 46 Arlington, California
Dear Sir:
At the personal request of Mr. H.W.Jenks, of this city, you are furnished herein the history of Benjamin Gardner, the data for which were obtained from the papers on file in Revolutionary War pension claim. R.3911, based upon his military service in that war.
Benjamin Gardner was born in September, 1760, in Exeter Township, Rhode Island. The names of his parents are not shown.
While residing in Stephentown, Albany(later Rensselaer)County, New York, Benjamin Gardner enlisted and served with the New York Troops, as follows: from March 1, 1776, nine and one-half months as a private in Captain Cornelius Van Santvoort's Company, Colonel Wynkoop's Regiment; from May 1, 1777, five and one-half months as a private in Captain James Dennison's Company, Colonel John Beekman's Regiment; from May 10, 1778, two months as a private in Captain Ichabod Turner's Company, Colonel Van Alstine's Regiment; from September 15, 1779, two months as 1 st sergeant in Captain John Schermerhorn's Company, Colonel Vroman's Regiment.
After the Revolution, he resided in Albany and Rensselaer Counties, New York until 1799 or 1800, when he moved to Brown County, Ohio, of which county he was a resident when he was allowed pension on his application executed April 29, 1833.
He died March 1, 1840, in Brown County, Ohio.
The soldier married in October, 1784 or 1785(both dates are given), at Stephentown, New York, Lucy Hawks. They were married at the home of her brother, Benjamin Hawks. The date and place of her birth and the names of her parents are not shown. In 1840, she was aged seventy-seven years and resided in Brown County, Ohio. The widow stated that fourteen children were born to them; no names are given.
Very truly yours
A. D. MILLER Executive Assistant to the Administrator.

Lucy G. Hart wid. of Benjamin Off Rijswijk
See also page 10
1820 S. S. Hasley
with Benjamin do. to H. Nalbut
husband died after paper of 2nd of July 1835
to H. Nalbut
Old & H. Nalbut
Benjamin
to H. Nalbut

Benj Gardner
25529

The State of Ohio } Brown county } ss. I George W. King clerk pro tem of the court of common pleas in and for the county aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Gardner for a pension
In testimony whereof I have hereunto set my hand and affixed my seal at office this 29 th day of April A.D. 1833.
George W. King Clerk pro tem. of Brown County, Ohio

Wm. H. Sidd
June 12/15-

Sir
Phila June 12 45
The add. evidence in the case of Lucy Gardner is satisfac- -tory to shew the relation of husband & wife prior to Jan'y 94 - but before any allowance can be made here The certificates of the City of New York of N.Y. showing how far their re- cords confirm or discredit each term of service claimed should be adduced as required by my letter to Mr Ray of 20 March 1843 -
Wm H Todd Esq Philad a

Hon. A. Ellison
Apl 7/574

105 Pension Office. 7 th April 1854.
Sir,
The letter of Mr Matthew Gardner of 30 th March last concerning the claim of Lucy Gardner dec d widow of Benjamin of Ohio, has been received.
I enclose you a letter from this Office to A. Ray Esqr. of date 20 th March 1843, which will explain the objection still existing to the case. In addition to the proof therein required, it is also necessary that the date of Lucy's death, and the names and number of the surviving children, should be established. I return Mr Gardner's letter.
Hon. A. Ellison.
House of Representatives.

Jan 6 '45
Ohio
Frank J. Edwards.
Com infuence of demon
Washing his Eg-
g
H. J. J. McDonald H. O.

Washington 5 Jan'y 1865
Dear Sir
Enclosed I send you some papers in relation to the pensions of Lucy Gardner, you will please inform me of the prospect of her succeeding, It seems that she is unable to prove the marriage, and volunteers her affidavit; I have not examined the pension law, to see what manner of proof is required, but do I recollect whether the late law makes a provision that repudiation of marriage shall be sufficient.
With great Respect I am your obedt. Servt.
J. M. McDonald
M.C., From Ohio

May 1. 1845
Adal to  Lucy Palmer
To the Hon. Samuel D. Harkness Washington City D.C.
FREE

West Union O. April 26 th 1845
Dear Sir I herewith in the case of Lucy Gardner enclose the evidence required of her marriage in New York. Together with her aff of Identity to get the benefits of the late resolution of Congress, showed the case now been a situation to be admitted. please write to me at Phila as usual & oblige your obedient servant Wm H Todd
To the Hon. Comr of Pensions. -

Declaration,
State of Ohio § Brown County } Set
The affidavit of Lucy Gardner taken at her house on the 23 rd day of April 1845, in the County and State aforesaid, who on her solemn oath states that she is the identical person who is the widow Benj Gardner who was a pensioner of the United States and as such drew in the State of Ohio until the first of March 1840 when he departed this life, that she in June May or June 1840 she made her declaration for a pension and filed the same for a pension under the act of Congress of the 7 th July 1838, and the claim was then rejected she not being a widow at the date of the passage of the act then again in the year 1843 she made a second declaration for a pension and she presumes the same was filed tho she does not know the fact, that again in Oct last she made another declaration and whether the same has been forwarded she does not know but believes the same is on file in the Pension Office. She now makes this declaration to get the benefits of the provisions of the late Resolution of Congress of the January day July 1845 and the subsequent act of July 23 rd 1845 that her pension may have been allowed under the act of July 1838 or the subsequent acts of 1843 or so. That she is still living as the widow of Benjamin Gardner who was a Revolutionary pensioner of the U States for services in the State of New York as stated by him in his declaration now filed in the office of Lucy Gardner. Subscribed & sworn to. Lucy Gardner marks

State of Ohio } Brown County } ss
Personally appeared before the undersigned a Justice of the peace in for said County Lucy Gardner who made oath to the foregoing declaration, I know said Lucy Gardner to be the widow of Benj Gardner who was a pensioner of the U States that she is still living as said. and feels honorable to travel to court. Given under my hand. This 25th day of Apr 1845.
Isaac Sutherland Justice of the peace
State of Ohio } Brown County } ss
I John H Blair, Clerk of the Court of Common Pleas of said County do hereby certify that above the Isaac Sutherland whose name is subscribed to the above certificate was at the date of such certificate and now is an acting Justice of the Peace duly commissioned and qualified as such and that full faith and credit is due to all his official acts as such justice as well in all courts of judicature as thereout. In testimony whereof I have hereunto set my hand & affixed the seal of said court this 25th day of April A D 1845-
John H Blair Clerk B C P
Georgetown Brown county Ohio April 28 th 1845- I knew Benjamin Gardner in this county more than Twenty years ago & he died about the time named by his widow in her statement above made. In my professional capacity I have acted the business of the estate & have also done business for the widow Lucy Gardner. They must have been married more than fifty years ago for I am well acquainted with at least three of their sons who must

be more than fifty years old. I always understood from Benj Gartner's deed that he was a Revolutionary soldier & he was reputed & believed to be such among his neighbors & acquaintances. —
Th. L. Hamer

Hon. J. J. McDowell
20 Jan.0 Jan. 1845

Pension Office
Jan 7 20. '45
Sir
The add d evidence in the case of Lucy Gardner widow of Benjamin claiming a pension under the Act July 7 th 38 has been examined & filed. The enclosed copy of letter addressed to A. Ray Esq c on the 20 th March 45 will show the evidence required in order to procure for the claim a favorable consideration.
Hon ble
J. M c Dowell
7/24
Hope R
Act July 7 th 38

Lucy Gardner
copy

October 30th 184 1844
It was proven in open court to the satisfaction of the court by witnesses examined in their presence that Benjamin Gardner, late a revolutionary pensioner of the United States departed this life on the 1 st day of March A D 1840 in Brown County, Ohio, that he left at his death a widow, Lucy Gardner, who now is living as such, in said county." at
The State of Ohio
Brown County ss
I, John H Blair Clerk of the court of common Pleas of said county, do hereby certify the above to be truly taken & copied from the Journals of said court as they now remain in my office.
In testimony whereof I have hereunto set my hand & affixed the seal of said court this 30th day of October A D 1844
John H Blair CLK RCD

Copy
Bureau of Pensions.
Pens. Off. Mar. 20. 43.
Sir: In the case of Lucy Gardner the date of the marriage should be established by that grade of proof which is so generally afforded by the books and registers of Churches, Towns and families.
Since the adjustment of his claim a better knowledge of the N. Y. Service has been obtained and the existence of record evidence of that service discovered.
He was allowed upon his own statement unsupported by any proof whatever. — — — — —
It is now required that the certificates of the Secty & Comp. of New York be obtained showing how far their records either confirm or discredit each of the above terms -
A. Ray Esq.

Pension Office
Aug. 10, 1844
Sir:
*****
The claim of Lucy Gardner, widow of Benjamin Gardner, was rejected in August, 1840, because she was not a widow when the law of July 7, 1838, under which she claimed, was passed.
*****
Mr. Henry Northup
Present.

Stanley Esq May 3. 1840. O. G.

18. Pension Office Augt 3. 1840
Sir,
The papers in the case of Mrs. Lucy Gardner widow of Benjamin Gardner deceased have been examined and filed. Her husband died 1 st March 1840. The act of 7 July 38 does not provide for any widow whose husband was living at the time of the passage of that act. The claim has therefore been rejected and the papers filed in this office.
J. S. Beasley Esq Ripley Ohio.
0 71 st Oct '38

Altunian Ray Mon Co te 1843

Pen off March 20 th Lk 3
Sir
In the case of Lucy Gardner the date of the marriage should be established by that grade of proof which is so generally afforded by the books & registers of Churches Towns & families —
Since the adjustment of his claim a better knowledge of the NY service has been obtained and the existence of record evidences of that service discovered — He was allowed upon his own statement unsupported by any proof whatever — 9 mo. 15 d. under Capt. Van Santwood Col. Wynkoop commencing in March 76 — 5 mo. 15 d. under Capt. Denniston Col. Bayne-man commencing May 77 — 2 mo under Capt. Turner Col. Van Alstyne May 78 — & 2 mo under Capt. Schermerhorn Col. Vrooman in Sept. 79 — It is now required that the certificates of the Secy of Compt. of New York be obtained showing how far their records either confirm or discredit each of the above terms — J. Ray Esq Present

June 15. 1840
7126
Ohio act July 7. 1855.
J. B. Burchard (born of previous Washington City)
FREE
[Handwritten signature or mark]

Ripley Ohio June 6 th 1841
Mr. J. S. Edwards Com of pension
Dear Sir Enclosed is the declaration of Lucy Gardner of this county an applicant for a pension under the act therein referred to. I hope you will examine the same so soon as convenient and send her certificate on any other correspondence as soon as on the subject of the same to, J. S. Beasley Ripley Brown County Ohio And much Oblige your friend
J. S. Beasley

March 43
Ohio
Lucy Gardner
Lans. L. Edwards Commissioner of Pensions
By A. Ren. quest

Washington
March 7. 1843.
Sir,
I herewith enclose an application from Mrs. Lucy Gardner of Ohio, claiming the benefit of the act July 7. 1835. & the act 23 Aug r 1822. as the widow of the late Benjamin Gardner who was a revolutionary soldier and up to the time of his death a pension under act 1832 at the rate of $63. 12 per annum.
The widow respectfully refers to her former application under act 1830 now on file in your department.
I remain Yours with great respect Blas. Ray
J. L. Edwards Esq. Comm r of Pensions

State of Ohio } Brown County }
On this 30 th day of October 1844 Came before the Judges in Open Court Mrs Lucy Gardiner Resident of Said County aged 82 years who on her solemn oath makes the following declaration in order to obtain the benefits of the provisions of the acts of Congress of the 7 th of July 1838 of the 3 rd of March 1843 and of the 17 th June 1844, Affiant States that She is the widow of Benjamin Gardner and, that the said Benj Gardner was a Pensioner of the united States at the rate of 63 dollars cents per annum, and was inscribed on the roll as such from Brown County Ohio under the act of Congress of the 7 th June 1832, that he said Benj Gardner continued to receive the benefit of said Pension until the 1 st day of March 1840 when the said Gardiner departed this life, affiant States that She is informed & therefore believes that said Gardner was a Soldier of the Revolutionary war and served as such in the State of New York and after the manner and in strict accordance to the Statements & specifications as set forth in the declaration of said Gardner now on the files of the department on which his pension claim was originally allowed. She therefore begs leave to

to refer the Commissioner to said narrative for the offices under whom he served the country through which he marched and the engagements he was in, during the war. She states that said Benjamin Gardner lived at the time of performing the service as she is in- formed Hubsburg in the County of Rensselaer Stephen Town in the State of New York, that in the year 1785 said Benj Gardner and this affiant whose maiden name was Lucy Hanks, was united in marriage in Stephen Town, Rensselaer County New York, by a Baptist min- ister of the Gospel of Jesus Christ, by the name of Barns. that said Benj Gardner and this affiant lived together in said Town & County NY until the year 1800 when they removed to the County of Brown State of Ohio until the 1 st day of March 1822 when the said Gardner departed this life as before stated and that this affiant is still living as said Gardner's widow. She states that she has made and caused others to make diligent inquiry after the family of Elder Barns who married this affiant, and she can not state where he or his family went to, nor does she know where they are to be found. She further states that she has caused the present pastors of the Church of Jesus Christ to be searched on by her agent and they say they have no records or minutes of any mar- riages as solemnized by said Barns in their possession and therefore could give no evidence that would avail this affiant, the foregoing facts as to the interviews with said pastors she only speaks of from information belief she therefore prays the admission of hard proof as to the fact of her marriage with Benj Gardner, as she has failed to find

the higher grade of evidence! She states that she has heretofore made a declaration to which she would refer as for particulars to be sworn to & subscribed the day and year aforesaid in open court
Lucy Gardner mark
State of Ohio } Brown County }
I John H. Blair Clerk of the Court in and for said County duly Commissioned and qualified to act as such, Do hereby certify that Lucy Gardner came in open Court at the time specified above and made solemn oath to the foregoing declaration to the best of her knowledge on the subject of attorney for , and subscribed the same
In testimony whereof I have signed my name as clerk aforesaid, and caused the seal of my said office to be affi- xed at Georgetown this 30 th day October. A. D. 1844.
John H. Blair Clerk Court Common Pleas.

Rev. and 1812 Wars Section HEL
January 25, 1930
Sadie Gardner McLean 22 Hughes Apartment Mandan, North Dakota
Dear Madam:
I advise you from the papers in the Revolutionary War pension claim, R.3911, it appears that Benjamin Gardner was born in September, 1760, in Exeter Township, Rhode Island.
While residing in Stephentown, Albany (later Rensselaer) County, New York, he enlisted March 1, 1776, and served nine and one-half months as a private in Captain Cornelius Van Santvoort's Company, Colonel Wynkoop's New York Regiment.
He enlisted May 1, 1777, and served five and one-half months as a private in Captain James Dennison's Company, Colonel John Beeckman's New York Regiment.
He enlisted May 10, 1778, and served two months as a private in Captain Ichabod Turner's Company, Colonel Abraham Van Alstine's New York Regiment.
He enlisted September 15, 1779, and served two months as first sergeant in Captain John Schermerhorn's Company, Colonel Vroman's New York Regiment.
After the Revolution, he lived in Albany and Rensselaer Counties New York, until 1799, when he moved to Brown County, Ohio, where he was living when he was allowed pension on his application executed April 29, 1833.
He died March 1, 1840, in Brown County, Ohio.
The soldier married in October 1784 or 1785, in

Stephentown, New York, Lucy Hanks. They were married at the home of her brother, Benjamin Hanks.
In 1840, Lucy Gardner was aged seventy-seven years and resided in Brown County, Ohio.
It is stated that they had fourteen children, their names are not given, and there are no further family data.
The above noted is the only soldier named Benjamin Gardner found on the Revolutionary War records of this bureau who served with the New York Troops.
Very truly yours
EARL D. CHURCH Commissioner.

mation as contained in his (or his widow's) application for pen- n on file in this Bureau.
Benjamin Gardner
   DATE OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Mar. 1. 76. 9 1/2 mo. Pvt. Cornelius Van Santvoort Wynkoop N.Y.   May 1. 77 5 1/2 " " James Dennis John Peckman "   May 10. 78 3 " " Isaac D. Turner Abraham Van Alstyne "   Sept. 11. 79 2 " 1 st Sgt. John Schenmerhous Thomson "    Only Benj Gardner N.Y. service found on Rev. War Records of this Bureau
Battles engaged in,
Residence of soldier at enlistment, Stephentown, Rensselaer Co. (then Albany Co.) N.Y.
Date of application for pension, Apr. 29, 1833. This claim was allowed.
Residence at date of application, Byrd Twp. Brown Co. Ohio.
Age at date of application, born in Coeymans Township, R.N. on Sept. 1760. Died in Brown Co. Ohio Mar. 1, 1840.
Remarks: Sol. mar. Lucy Hanks at the house of her brother Benjamin Hanks at Stephentown N.Y. in Oct. 1782 or 1783. They had 14 children names not stated. In 1840 she was a res. of Brown Co. Ohio and 77 years of age.
Very respectfully (see Rev. book)
First rejection, not a widow at date of act 1833 could not be adhered to, as she made several later applications. as to date of marriage, about proof of service as all 1832 claims were allowed on same evidence as above. All

May 6-1936
Re W. Benjamin Gardner - R 3911 -
History to
Mr. D. Ray Campbell, Sr., P.O. Box 46.
Arlington, Calif.
Requested by H.W. Jenkins.

Stamp Enclosed
Mandan No Dak Dec. 6 th 1929.
Commissioner of Pensions, Washington, D.C.
Dear Sir: Can you give me any information of only B.B. with N.Y. Troop Benjamin Gardner Senior a member of the Fourth Regular Enlisted men of Albany Co. Militia under command of Colonel Kilian van Rensselaer Captain James Dennison's Company? The War Department referred me to you saying you might have some record of interest to me. I am especially interested in finding out the names of his wife & father & mother. Thanking you kindly in advance for any trouble you may have, I am, Respectfully
Sadie Gardner McLean #22 Hughes Apt.

Mr E C Lienan Com, Dept of the Interior Bureau of Pensions Rev. War Section Washington D.C.

GEORGE WASHINGTON MEMORIAL ASSOCIATION
STATE OF OHIO
MRS. J. B. FORAKER, CHAIRMAN, GRAND ROAD, CINCINNATI
Rec. Sec m
MRS. LAWRENCE MAXWELL, PRESIDENT EDGECLIFF ROAD CINCINNATI
MRS. W. R. SANDERS, TREASURER 3434 CLIFTON AVENUE CINCINNATI
Dec 12 1919.
Secy of War Pension Off - Dear Sirs. —
May you please give me the Official Service of Benjamin Gardner a Revolutionary Soldier who enlisted from New York Van Rensselaer Co., and served under Col. William Van Rensselaer. Thanking you - I am Very Truly Yours Mrs W. R. Sanders.

OFFICERS FOR OHIO
MRS. JOSEPH BENSON FORAKER CHAIRMAN OF ORGANIZATION FOR OHIO MADISON AND GRANDIN ROADS, CINCINNATI
MRS. LAWRENCE MAXWELL CHAIRMAN OF OHIO EDGECLIFF ROAD, CINCINNATI
MRS. W. W. SEELY MRS. A. HOWARD HINKLE VICE-PRESIDENTS
MRS. JOHN B. H. HOWARD TREASURER VISTA PLACE, CINCINNATI MRS. TELFORD GROESBECK RECORDING SECRETARY MRS. SAMUEL W. SMITH CORRESPONDING SECRETARY
GEORGE WASHINGTON MEMORIAL ASSOCIATION
MRS. HENRY F. DIMOCK NATIONAL PRESIDENT
NATIONAL VICE-PRESIDENTS
MRS. DANIEL MANNING MRS. HENRY R. MALLORY MRS. JOSEPH BENSON FORAKER MISS BESSIE J. KIBBEY MRS. CHARLES J. BELL
Mrs. Sanders
Jan 5, 1920.
Secy of War
Department of the Interior Bureau of Pensions;
Dear Sirs, —
I regard to Benjamin Gardner Revolutionary War Soldier, I believe he enlisted from Stephentown, Newfort, where he resided which is in Washington County. In 1800 he removed to Ohio and his grave, also his wife's Lucy Hawks is on the Rufus Sweet farm about two miles south of Pucepville Brown County Ohio — He married Lucy the Hawks for his second wife. His father born 1733 died 2/2 1809 at Stephentown N.Y. Elizabet born 1737 died 10/14 1813. The son also the father was born at Exeter, Rhode Island.
His first location in Ohio was near Pipleys and Georgetown. Office of Probate Court. I believe he recd bounty land. in Ohio.

It is for Miss Grace G. Gardner a great granddaughter that I am writing these inquiries.
He enlisted at 17 years.
Respectfully Mrs W.P. Sanders.

Maud A. Drake ALVA, OKLA.
Alva, Okla., 2/4, - '13. Bureau of Pensions, Washington, D. C.
Dear Sir:
Will you please send me a certificate of the record of the fact that Benjamin Gardner received a pension for services rendered in the Revolutionary War.
He enlisted at about seventeen, someplace in New York State - about three months after the opening of the war. He was in the service seven years. At first his pension was thirty-six dollars 62 1/2 a quarter but it was increased several times until at his death he was receiving about (60 00 ) sixty dollars a quarter. He was born in New York, married in Connecticut - and moved west to Ohio. There he traded one horse for about two hundred acres of land seven miles from Ripley. He lived here until he died at the age of (87) eighty two.
I am sorry to have burdened you with so much history but I am very anxious for the official record and did not know what to ask so told you all I knew. Thanking you, I am Respectfully, Maud A. Drake, Alva, Okla.

#615 Carondelet St. Los Angeles California 3/22/07 Commissioner of Pensions:
Washington D.C. Dear Sir:
BOARD OF REVIEW MAR 29 1907
PENSION OFFICE MAR 29 1907
I write to ask for information in regard to Justus Brockway my great-grand-father who served in the "War of the Revolution" in the Albany County (New York) Militia, 4 th Regiment Col. Kilian (or William) Van Rensselaer and the Company of Captain
W. & N. DIVISION MAR 2 1907 RECEIVED.

Stephen Niles. I obtained this information from the late Justus Brockway (the 3 rd ), my father and also verified it at the Comptrollers office (Old State House) Albany N. Y. and also from "New York in the Rev- olution" by J. A. Roberts, Comptrol- ler. I understand he also (volunteer) served in other Companies (probably same Regiment). Can you give me the year of his birth ,

Marriage + death or other information + state of nativity.
He was born in Connecticut but I wish to find the town etc as I am making a Genealogy of our family. Consider Brock- way, Richard Brockway + Yester Brockway also served in same Regiment. Can you tell me anything about them? also Benjamin Gardner + Benj. Gardner Jr. + Benjamin Simeon

Gardner? (brother-in-law to my great grand father Justus Brockway in same Regiment).
George Brockway (son of Justus Brockway) served in the War of 1812 in the Albany N.Y. State Militia and Orlando P. and his son (brother of my father) was killed while acting as Lieut Col. at the siege of Petersburg Va. (Civil War)
Please oblige me if you can constantly Dyron P. Brockway.

1907 Apr. 27. Byron P. Brockway Inst. 1913 Feb. 17. Hist. to Land (Edw.) a. Drake V. L. H. 1920 Jan. 17. Hist. to Mrs. Grace G. Gardner C/o Mrs. W. R. Sanders
1930 - Jan. 26 - Hist. To Sadie Gardner McLean
1936 - May 11 - Hist To D Ray Campbaff. Jr. E. H.
REJECTED
3711.
P. O. Lucy Gardner Service: widow of Benjamin
Enlisted: _____, 18
Discharged: _____, 18
Printed list of 185-2 shows cause of rejection Application filed: _____, 18
Alleges: "Not a widow at the date of the act"
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

State of Ohio Barnes County } ss
On the 10 th day of February 1843 personally appeared before me George H. Miller a Justice of the peace in and for said County Betsy Gardner a resident of Byrd Township in the County aforesaid aged Eighty years who being first duly sworn according to law doth on her oath make the following Declaration in order to Obtain the benefit of the provisions made by the act of Congress passed July 7 th 1838, and the 23 rd day of August 1842, granting pensions to widows of persons who served during the War of the Revolution, that she is the widow of Benjamin Gardner deceased who was a soldier and in the War of the Revolution and later a pensioner under the act of Congress June 7 th 1832, of the Ohio agency at the rate of Sixty Three Dollars 33 cents per annum she also declares that she was Married to the said Benjamin Gardner in the year 1784 as will satisfactorily be shown in the papers filed in her late application for the benefits of the act of Congress of July 7 th 1838, that her husband the aforesaid Benjamin Gardner died on the 9 th day of March 1840 that she was not married to him prior to his leaving the service, but previous to the 1 st January 1794 and that she has not intermarried since the death of her husband, The application is made through her agent Mrs Alexander Ray of Washington City
Sworn to and subscribed } her on the day and year above written } Betsy J. Gardner before me George H. Miller } mark Justice of the Peace }
in presence of J. S. Hensley

The State of Ohio } Perry county } ss.
I John A Blair, Clerk of the Court of Common Pleas of said county do hereby certify that H H Snider whose name is subscribed to the foregoing certificate was at the date of said certificate and now is, an acting justice of the peace in and for the county of said duly commissioned and qualified as such that the foregoing certificate is in due form and that all his official acts as such justice are entitled to full faith and credit as well in courts of judicature as elsewhere. In witness whereof I have hereunto set my hands and affixed my official seal this 17 th day of Feby A D 1842 John A Blair Clerk Recd